Abstract

INTRODUCTION to the latest statistics from the Ministry of Agriculture, there are already three hundred and eighty invasive plants, forty invasive animals and twenty-three invasive microorganisms in China.... Alien invasive species are causing direct and indirect loss in the amount of RMB119.88 billion yuan each year, accounting for 1.36 per cent of the GDP. (1) Now more than ever, China's biodiversity is threatened by the invasion of alien species, due to the expansion of global trade and international transport and tourism. This is especially true since China's integration into the world economy, with its implementation of the open-door policy of the 1980s and the accession to the World Trade Organization in 2001. According to the Ministry of Agriculture, there are more than 400 harmful alien species found in China. At least twenty alien species have invaded China in the last ten years. (2) Alien invasive species are now found in all of the thirty-one provinces, autonomous regions and municipalities under direct control of the central government on the Mainland. By May 2002 alien species had invaded almost all of the 1,500 nature reserves nationwide, and all types of ecosystems including forests, farmlands, inland waters, wetlands, grasslands and urban residential areas. (3) More than half of the world's worst alien invasive species, as listed by the World Conservation Union (IUCN) are now found in China. (4) Of the total annual economic loss of RMB119.88 billion yuan caused by species invasion, more than RMB50 billion yuan of loss is suffered by the agriculture and forestry sectors alone. (5) The international community is aware of the serious threat posed by alien invasive species to the ecosystem, biodiversity, human health and socio-economic well being. Studies show that, among the causes of biodiversity loss, the introduction of nonindigenous species is only second to direct habitat destruction. (6) The Convention on Biological Diversity (CBD) reflects the international consensus in response to the potential irreversible harm created by biological invasion. (7) Under article 8(h), Contracting Parties should, as far as possible and as appropriate, the introduction of, control or eradicate those alien species which threaten ecosystem, habitats and Agenda 21 contains a number of proposals for conserving biodiversity. (8) It urges States to take action to address the loss of biological diversity in a wide range of sectors, such as combating deforestation, managing fragile ecosystems, protecting the oceans, seas and coastal areas, and conserving freshwater resources. (9) As a party to the CBD, China is under the international obligation to take proper measures to prevent and control the invasion of alien species. This article examines the issue of alien invasive species as a growing threat to biodiversity loss and socioeconomic well-being in China. It reviews and critiques the cur rent legal and policy responses that address the problem of biological invasion in a piecemeal and fragmented manner. In order to develop more effective mechanisms to prevent and control species invasion, this article explores a more integrated approach to legal reform and institution building that incorporates fundamental principles of environmental law and effective legal mechanisms. Part I introduces China's experience of the biological invasion, highlighting a few particularly harmful invasive plant and animal species that have attracted the public attention. Part II examines economic, ecological and health impacts of species invasion. Part III reviews the current legal and administrative frameworks pertaining to quarantine control and wildlife protection that China has relied upon to address the issue of invasive species, and the more recent government initiatives to tackle the problem in a more direct manner. Part IV critically evaluates the existing control and management regimes and, based on identification of flaws and gaps in the current regulatory scheme, explores how to strengthen China's socio-legal mechanisms in a more integrated manner to build a comprehensive legal and institutional framework capable of fighting a war against the biotic invasion more effectively and efficiently. …

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